Dallas Cowboys Exonerated in Class-Action Seating Suit; NFL Still In

On Wednesday, August 6, Judge Lynn of the US District Court for the Northern District of Texas granted the Dallas Cowboys’ motion to dismiss in another class action lawsuit arising from the 2011 Super Bowl XLV seating debacle.  The NFL, however, was not as fortunate. The Dallas Cowboys hosted the 2011 Super Bowl and undertook the task of creating temporary seating to increase the number of tickets available.  The extended number of tickets were sold, but not all of the promised seats were constructed on…
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NCAA Reaches Settlement, Offering Rule Changes to Concussion Class-Action Plaintiffs

On Tuesday, the NCAA filed a proposed settlement in the US District Court of Chicago to potentially end the class-action head-trauma lawsuit.  The preliminary settlement will create a $70 million fund for diagnosing current and former college athletes for brain trauma and other head related injuries.  The NCAA is currently awaiting approval by Judge John Z. Lee. The proposed deal also sets up a new and uniform return-to-play policy, treatment requirements, and protocol for athletes who sustain head injuries.  The fund will be made available…
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NFL Hurting From New Suit by Former Players Over Painkillers

The NFL’s litigation woes continue.  On May 20, 2014, the league was hit with a lawsuit brought by a group of retired former players claiming that the NFL illegally supplied them with narcotics and other painkillers to mask their injuries and keep them on the playing field, intentionally ignoring the risks these drugs had on the players’ long-term health.  The filing insists that the actions by team doctors and trainers were illegal because team medical personnel never obtained prescriptions, failed to keep drug records, and…
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Borgata Refunding Entrance Fees From Poker Tourney Tainted by Fake Chips

Following a three month investigation, the New Jersey Division of Gaming Enforcement issued an order on April 14th indicating that $1.7 million in prize money should be refunded to nearly half of the individuals that participated in a January poker tournament. Tournament participants were required to pay a $560 entrance fee – $60 of which went to the house and $500 which went to the overall prize pool.  However, the tournament was halted shortly after it began when the casino discovered that hundreds of fake…
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NHL Faces Off with a New Concussion Suit

This week the NHL was hit with another concussion-based lawsuit brought against it by nine former hockey players.  The 109-page court filing accuses the league of negligence for failing to properly warn and protect players from the risks involved with repeated head trauma.  In pertinent part the complaint reads, “[D]espite the fact that the NHL’s violent game design induces head trauma, including concussions, the NHL has failed and continues to fail to warn its players of the risks to their lives and the devastating and…
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‘Hits of the 80s’ Producer Facing Class Action for Breaking ‘Promises, Promises’ to Consumers

On March 20, 2014, Tutm Entertainment, a media company known for producing music albums such as ‘Hits of the 80s’ and ‘Hits of the 90s,’ was hit with a class action suit in New Jersey federal court.  The suit, headed by lead plaintiff Celeste Farrell, is seeking over $5 million in damages for advertising practices Farrell claims constitute consumer fraud. In particular, Farrel’s filing accused Tutm of releasing albums that appeared to contain the original versions of classic hits such as “Cult of Personality” by…
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Collegiate Athletes Bring in a Ringer for New Action Against NCAA

The National Collegiate Athletic Association (“NCAA”) is currently defending student amateurism on several fronts across the country in legal battles with big potential monetary implications.  In one ongoing lawsuit, former UCLA basketball star Ed O’Bannon leads a class action on behalf of former and current NCAA players, alleging that the organization’s practice of licensing and profiting from student images and likenesses without their consent violates federal antitrust laws.  Elsewhere, Northwestern quarterback Kain Colter organized a union movement at the school and requested that the National…
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Minor League Baseball Players Cry Foul – File Lawsuit Seeking Class Action Over Low Wages

A lawsuit filed in federal court seeks to overhaul minor league baseball’s pay scale with three former players arguing low pay, mandatory overtime and lack of collective bargaining rights all violate state and federal wage laws. Minor League Baseball is not a party to the lawsuit. Instead, suit was filed in federal California Northern District Court by former players Aaron Senne, Michael Liberto, and Oliver Odle against Major League Baseball, the Office of the Commissioner, Commissioner Bud Selig and their former teams the Miami Marlins,…
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Junior Seau’s Family Displeased with Proposed Settlement in NFL Concussion Case

Fighting recently broke out amongst plaintiff’s attorneys attempting to settle the massive multi-district concussion litigation against the NFL after the presiding judge, U.S. District Judge Anita Brody, nixed a $760 million dollar settlement deal proposal.  Judge Brody’s concerns were that the lump sum would be inadequate to fund what could potentially involve 20,000 claims by a variety of NFL alumni over a period of 65 years.  Now, the family of the deceased NFL star Junior Seau is voicing their own objections to the proposed deal.…
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Missouri Law Could Spell Trouble for NFL’s Chiefs in New Concussion Lawsuit

The NFL and over 4,500 former players are currently attempting to negotiate a settlement in the massive multi-district concussion litigation against the league.  In brief, the plaintiffs’ accuse the NFL of intentionally downplaying and concealing the risks of concussions and the role of head injuries in later-life cognitive decline.  Negotiations to resolve the matter recently resumed after U.S. District Judge Anita Brody rejected a proposed $765 million settlement deal that had been reached by the parties.  Judge Brody strongly believed that this amount would be…
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